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The 'Right to Be Forgotten'

By Philip Segal

How do the fast-spreading “Right to be Forgotten” and “Ban the Box” initiatives affect employers looking to screen for criminal activity among their job applicants? Not only do they dictate if and when you are allowed to do a criminal background check on a potential worker, but they have also prompted a new federal government push to punish investigators who take shortcuts and come up with the wrong information.

Are you concerned that an applicant was convicted of arson ten years ago? In some places, it may be illegal to deny her a job because of that. Even if you can deny her the job, you could still get into trouble for refusing to interview her on the basis of that conviction.

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